220, 230 and 240 Lake Promenade and 21 and 31 Park Boulevard - Ontario Land Tribunal Hearing - Request for Directions

The new buildings would consist of two rental apartment buildings and three condominium apartment buildings containing 2,021 residential units, comprising 577 rental and 1,444 condominium units, with heights ranging from twelve to thirty storeys. A Rental Housing Demolition Application was also submitted on April 17, 2023. On August 9, 2024, the applicant appealed City Council's neglect or failure to make a decision on the Applications (the "Appeal"), to the Ontario Land Tribunal. The Ontario Land Tribunal held the first Case Management Conference on October 18, 2024 in respect of the Appeal. The Lake Promenade Tenants Association, the Long Branch Neighborhood Association and the Toronto Region Conservation Authority were granted party status in the Appeal. Hearing dates for the Appeal were set at the first Case Management Conference. The Ontario Land Tribunal set down a hearing for this matter from September 9 to October 6, 2025. On December 17 and 18, 2024, City Council adopted the recommendations in the Appeal Report from the Director, Community Planning, Etobicoke York District, dated November 14, 2024, wherein Community Planning recommended, among things, that the City Solicitor attend the Ontario Land Tribunal in opposition to the Appeal, and that the City Solicitor and appropriate City staff continue discussions with the Applicant to address outstanding issues. On March 13, 2025, the Applicant filed revised plans with the Ontario Land Tribunal (the "March 2025 Revised Plans"), which are summarized below. On June 12, 13 and 27, 2025 City and the Applicant, together with other parties to the Appeal, participated in mediation in respect of the Appeal. On July 4, 2025, the Applicant filed further revised plans with the Ontario Land Tribunal (the "Revised Plans"). The Revised Plans feature, among other things: a mixed-use development with five new residential buildings including retail at grade, three parks (A, B, and C), and POPS/landscaped open spaces. On July 8, 2025, the City received a with prejudice, not confidential, settlement offer from the applicant's lawyers, McCarthy Tétrault LLP, which is attached to this report as Public Attachment 1 (the "Settlement Offer"). The Settlement Offer contains the Revised Plans. The Settlement Offer will remain open until the end of the City Council meeting commencing on July 23, 2025. The Settlement Offer proposes, as part of any settlement reached with the City, a commitment to request that the Ontario Land Tribunal withhold its final order in this matter until a series of conditions are fulfilled. The City Solicitor requires further directions for the upcoming hearing scheduled to commence for a period of five weeks on September 9, 2025. Given the deadline for the Settlement Offer and the upcoming hearing at the Ontario Land Tribunal, this matter is urgent and cannot be deferred.

Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.